Exclusion from Refugee Status: The Purposes and Principles of the United Nations and Article 1F(c) of the Refugee Convention

International Journal of Refugee Law, Vol. 26, 2014, Forthcoming

27 Pages Posted: 13 Jul 2014

Date Written: June 18, 2014

Abstract

Article 1F(c) of the Refugee Convention provides that an individual is to be excluded from the benefits afforded by refugee status if ‘there are serious reasons for considering that... he has been guilty of acts contrary to the purposes and principles of the United Nations’. This phrase has proven difficult to interpret, not least because of the differing views on its meaning at the time of drafting, and the lack of another body of law to which article 1F(c) can attach. Accordingly, different states have found that different acts fall within the provision. This assessment is largely carried out on a case-by-case basis and in an unstructured manner. This article explores the acts that have been held to fall within article 1F(c) - primarily human rights violations, terrorism, and attacks on UN personnel - and critiques some of the thorny legal issues to which these acts have given rise. It then offers a framework for assessing whether a particular act falls within article 1F(c).

Keywords: refugee law, exclusion, Article 1F(c), purposes and principles of the United Nations

Suggested Citation

Sivakumaran, Sandesh, Exclusion from Refugee Status: The Purposes and Principles of the United Nations and Article 1F(c) of the Refugee Convention (June 18, 2014). International Journal of Refugee Law, Vol. 26, 2014, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2456421

Sandesh Sivakumaran (Contact Author)

University of Nottingham ( email )

University Park
Nottingham, NG8 1BB
United Kingdom

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